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A 15-year-old in Ocean City lands a summer job at a boardwalk fries stand. Before the first shift, Maryland law says the employer must have a work permit for that teen on file. Maryland's child labor rules are in the Labor and Employment Article of the state code. They sit on top of the federal Fair Labor Standards Act (FLSA), the national law that sets the minimum rules for young workers. When an employer is covered by both, it has to follow whichever rule is stricter.
The work permit: every minor, applied for online
In this part of Maryland law, a minor means anyone under 18. The rule is short: unless the employer has a work permit for the minor, the minor may not work for that employer. That includes 16- and 17-year-olds.
A parent or guardian applies through an online application. It asks for proof of the teen's age, a description of the work, and the parent's approval. The Maryland Department of Labor reviews it and issues the permit if that job is allowed for someone that age. The application also lets a family choose whether a 16- or 17-year-old's contact details may be shared with registered employers and training programs. Sharing happens only if the family opts in.
Hours: Maryland's limits and the federal ones
For teens under 16, Maryland law allows up to 4 hours on a school day, 8 hours on a day with no school, 23 hours in a five-day school week, and 40 hours in a week with no school. Work cannot start before 7 a.m. From the day after Labor Day to the day before Memorial Day it must end by 8 p.m. From Memorial Day through Labor Day it can run until 9 p.m.
The federal rule for 14- and 15-year-olds is tighter: 3 hours on a school day, 18 hours in a school week, and no work after 7 p.m., except 9 p.m. from June 1 through Labor Day. If your employer is covered by the FLSA, the federal numbers are your real limit.
One Maryland rule covers every minor, including 16- and 17-year-olds. School hours plus work hours cannot pass 12 in one day, and the teen must have 8 hours in a row with no school or work. After 5 hours in a row on the job, a minor gets a break of at least 30 minutes.
Pay, and why Congress can set these rules
Maryland's minimum wage has been $15.00 an hour since January 1, 2024, for large and small employers alike. There is a youth rate: an employer may pay a worker under 18 85% of the state minimum, which works out to $12.75 an hour. Ask before you start which rate you will get.
National child labor rules were not always allowed. In Hammer v. Dagenhart (1918), the Supreme Court struck down Congress's first law against goods made with child labor. In United States v. Darby (1941), the Court upheld the FLSA and rejected that earlier ruling. That is why a federal floor now exists under Maryland's rules.
What to do if something seems wrong
If a boss schedules you past the limits, has no permit for you, or pays less than the rate you were promised, write down your dates, hours, and pay. Then contact the Maryland Department of Labor, the agency that issues work permits and enforces the state's child labor law. The Commissioner can also grant a written exception to the hours rules, but only with a parent's written consent and only if the work will not harm the teen's health or keep them from graduating.
The federal Wage and Hour Division of the U.S. Department of Labor takes complaints about FLSA violations. Its YouthRules site lists the federal limits.
Hãy nhớ điều này
- Every worker under 18 in Maryland needs a work permit, and a parent or guardian applies for it online.
- Under-16s face Maryland limits of 4 hours on a school day, but employers covered by the FLSA must follow the tighter federal limit of 3.
- All minors: no more than 12 hours of school plus work in a day, and a 30-minute break after 5 hours.
- The state minimum wage is $15.00, but employers may pay under-18s 85% of it, $12.75 an hour.
Nguồn
- Maryland General Assembly: Labor and Employment Article, 3-206 (work permits) (mở trong thẻ mới)
- Maryland General Assembly: Labor and Employment Article, 3-211 (hours for minors under 16) (mở trong thẻ mới)
- Maryland General Assembly: Labor and Employment Article, 3-413 (minimum wage) (mở trong thẻ mới)
- Legal Information Institute: United States v. Darby, 312 U.S. 100 (1941) (mở trong thẻ mới)
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